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Rediff.com  » News » SC to hear quota plea for Dalit Christians in April

SC to hear quota plea for Dalit Christians in April

Source: PTI
February 15, 2006 18:19 IST
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The government today informed the Supreme Court that members of the National Commission for Religious and Linguistic Minorities would be collecting more information on the issue of granting Schedule Caste status to Dalit Christians after visiting some states.

Additional Solicitor General Gopal Subramanian submitted before a Bench comprising Chief Justice Y K Sabharwal, Justice C K Thakker and Justice P K Balasubramanian that the Commission would be able to complete its task by March, a month before its tenure ends.

The apex court posted the matter for further hearing to the first week of April, saying by then a more comprehensive picture on the issue would be before the court.

A seven-member committee, headed by former Chief Justice of India Ranganath Misra, has visited Jammu and Kashmir, Karnataka, Tamil Nadu, Pondicherry, Orissa, West Bengal, Kerala, Uttaranchal, Maharashtra, Mizoram and Tripura.

The court is hearing a PIL seeking SC status for Dalit Christians who were SCs before their conversion. The PIL, filed by the Centre for Public Interest Litigation, contends that paragraph 3 of the Constitution (Scheduled Castes) Order, 1950, was coming in its way as the SCs, on conversion to Christianity, lose all benefits.

Earlier, the court had said it would hear the matter in detail after information is supplied by the commission, but clarified that it was not linking examination of the issue to the latter's recommendation alone.

The Centre has maintained that several aspects need to be examined, including whether the Scheduled Caste converts suffer from social disabilities like untouchability even after embracing Christianity.

It submitted that by amended terms of reference, the commission has been asked to give its recommendations in the context of a ceiling of 50 per cent on reservations, and also, if positively recommended, the modalities of their inclusion in the list of SCs.

The demand for granting Schedule Caste status to Dalit Christians has been opposed by several quarters, including the SC/ST Commission, which contended that they cannot enjoy two rights -- of being a minority and SCs.

The CPIL had contended that the earlier court rulings were given on the basis of scanty material and claimed it has 'overwhelming' material to support its claim for reservation for Dalit Christians.

Citing a ruling of the apex court given last year, where it was said even if a tribal converted to Christianity, he or she could still avail the reservation benefits as his/her status as ST remained unchanged, the CPIL had said the same law laid down by the court should be applicable to Dalits after their conversion.

It said reservation was available to Dalits while being followers of Hinduism, Buddhism and Sikhism and there was no reason why Dalit Christians be not given the benefit.

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